Termes et conditions

Please read the following terms and conditions carefully before using this website.

This site is made available by INNER CIRCLE DISTILLERY PTY LIMITED (ABN29 102 738 670) and is referred to as “us”, “we” or “our” in these Terms and Conditions.

Votre utilisation de ce site Web est conditionnelle à votre acceptation des modalités et conditions énoncées ci-dessous, y compris notre Déclaration de confidentialité. We reserve the right to alter the Terms and Conditions at any time at our discretion.

Liquor Licence: INNER CIRCLE DISTILLERY PTY LIMITED trading as Beenleigh operates under Queensland Commercial Hotel Licence No.243066 and has sole ownership of this website selling alcoholic beverage products for consumer consumption, as well as other displayed products.

Intellectual Property: All content and material displayed on the website is subject to copyright owned by us or our content suppliers and protected by the Copyright Act 1968 (Cth) and other international copyright laws. We are the owner of and/or authorised user of all registered and unregistered trademarks, patents, copyrights and other intellectual property appearing on this website unless indicated otherwise. Your access to or use of this site does not constitute or create a licence or any other right to that intellectual property.

Any improper use of content and material on the website is prohibited. Except as permitted in these Terms and Conditions, you may not reproduce, transfer, copy, adapt, distribute or store all or part of the contents of this website or incorporate any part of this website into another site without our prior written consent. You may store on your computer or print hard copies of material on this website for your personal use only. You must ensure that any material copied for that purpose retains any copyright or other intellectual property notice contained in the original material. You may not alter the material in any way. All other copying, whether electronic or hard, is prohibited.

Third-party links and material: The website may provide links to third party websites (Third Party Links) or may display material sourced from a third party (Third Party Material). We are not responsible for and do not endorse the content or your use of information obtained from the Third Party Links or the Third Party Material. We provide Third Party Links and Third Party Material only as a convenience, and such inclusion on this website does not imply our endorsement.

Visitors use of the website: A visitor to the website must not under any circumstances: 

1. post or email any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party;
2. impersonate the identity of another person; or
3. attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service.

Improper use of the website may result in the visitor being banned, reported to relevant authorities and/or liable for breach of these terms and conditions.

Password security: A visitor to the website allocated a password is responsible to prevent the password being disclosed to any third party.

No Warranties: This website is provided on an “as is” basis. We and our directors, employees and agents disclaim, to the fullest extent permitted at law, all express and implied warranties in relation to the accuracy, functionality or reliability of the contents of this site. We do not warrant that this website will be free from viruses. Although we take reasonable steps to secure the site, you acknowledge that we make no warranty (express or implied) that any information you post on or transfer through this site will be free from unauthorised access. If you are dissatisfied with your access to this site, your sole remedy is to depart the site. You understand and agree that if you download or otherwise obtain materials you do so at your own discretion and risk and that you will be responsible for any damage that may result.

No Liability: Dans toute la mesure permise par la loi, nous et nos administrateurs, employés et agents déclinons toute responsabilité découlant de quelque manière que ce soit (y compris la négligence) subie par vous à la suite de votre utilisation de ce site ou de tout virus informatique transmis par ce site.

Accuracy of Information: You acknowledge that information current at the time of placement on this site does not mean that more recent information does not exist or is not available, or that circumstances have not changed. It is your responsibility to verify the information contained on this website with independent authorities or to seek professional advice before relying on it. Substantial delays may occur before certain information is updated on this website.

Indemnity: You agree that you will indemnify us against any loss, damage or cost incurred by us or arising out of your use of this website, including but not limited to information obtained from sites linked to ours, your transmission of information on or through our site or your violation of these Terms and Conditions or any other laws, regulations or rules.

Access: We reserve the right to revise the content of, amend links from or withdraw your access to this website at any time without notice.

SMS consent: By signing up via text, you agree to receive recurring automated marketing messages, including cart reminders, to the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. Reply HELP for help. Message frequency varies. Msg & data rates may apply. 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Beenleigh (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and politique de confidentialité  (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Beenleigh and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of beverages and associated merchandise. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at visitor.centre@beenleighrum.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under eighteen(18) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of eighteen (18) years. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: – Any fraudulent, defamatory, scandalous, threatening, harassing, or stalking activity; – Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; – Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; – Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; – – Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Eagleby, Queensland before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Australian Centre of International Commercial Arbitration (“ACICA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Beenleigh’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the ACICA to appoint an arbitrator, who must satisfy the same experience requirement. The decision of the arbitrator shall be final and binding. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.

12. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

SUPPLY OF PRODUCTS

Customers: To buy any alcohol products via the website, you must be at least 18 years of age, be located within Australia and specify a delivery address within Australia. By law, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By placing an order for an alcoholic product, you confirm you are at least 18 years of age. If buying any alcohol product as a gift, the recipient must also be at least 18 years of age. The courier will request some form of ID if there is any doubt about the age of the recipient on delivery. If that recipient is unable to produce appropriate ID, the courier cannot leave the alcohol product. However, you will still be responsible for our charges in arranging supply and delivery (and return to us if required).

Special offers: We may terminate any special offers at any time without advance notice.

Vouchers: Any promotional vouchers may only be redeemed once by entering the promotional code during checkout. Vouchers may not be used in conjunction with any other special offers or vouchers.

e-Gift Cards: e-Gift Cards can be purchased online required minimum limit of $50 and a permitted maximum of $500.

e-Gift Cards will be valid for use within a 3 year period from the date of issue. It is your responsibility to use the credit on the card within that period. On expiry, the e-Gift Card will automatically become invalid and any unused residual value will not be refunded or credited.

e-Gift Cards cannot be redeemed for cash or used to purchase a new e-Gift Card.

e-Gift cards cannot be purchased using store credit.

Once the credit on an e-Gift Card has been spent, the e-Gift Card becomes invalid and cannot be re-loaded with additional credit.

You are responsible for the care and control of your e-Gift Card. Lost or stolen e-Gift Cards will not be replaced or refunded. The person in possession of the e-Gift Card will be regarded as the rightful owner.

e-Gift cards are not included in storewide sales.

Prices: Prices stated are in Australian dollars, and may be per unit, per pack or per case, as stated in the drop down menu on the product pages. All prices include GST. All delivery charges are not included in stated prices. The cost for freight/postage/handling will be calculated based on your completed order case quantity and the delivery location and will be advised to you prior to payment and included with your purchase cost. If a product inadvertently appears on our website at the wrong price or with the wrong description, we may decline or cancel any orders placed at the wrong price or based on the wrong description.

Payment: A buyer must pay for an order using a credit card or Paypal. Accepted credit cards include Visa and MasterCard. If the credit card issuer or Paypal does not authorise the transaction, or later revokes authorisation for the transaction, we may cancel the order.  

Product availability: All products are offered for sale subject to available stock. If a product is out of stock or discontinued, we will contact you as soon as possible.

Delivery: All products are dispatched from our warehouse in Eagleby, Queensland. Freight is charged as a standard delivery.

Freight Charges: from $9.50 Metro shipping, $12 Regional shipping, and $15 Remote shipping.

Parcels will be charged based on weight at the discretion of sender.

Timing of delivery: Orders placed prior to 6:00am (QLD time) Monday to Friday will be processed within 2 business days. You will receive a dispatch confirmation email with the tracking number once your order has hit the road. We endeavour to deliver products to Australian METRO areas within 3-8 working days, for REGIONAL areas 7-10 working days and for COUNTRY areas please allow at least 14 working days. Please note these are approximate transit times as per Australia Post schedule and can take longer at times.

We do not guarantee any specific delivery date or time but please expect delivery Monday to Saturday 8.00 am to 6.00 pm. Our courier cannot telephone/text prior to delivery.

Delivery Provider: We use Australia Post delivery to all states across Australia. If you are not home at the time of delivery, Australia Post will leave your parcel at the nearest post office with a note for you to pick up at your convenience unless otherwise specified during checkout . Au Authority to Leave can be requested, the goods will be left unattended as per the instructions unless the driver deems it an unsafe place to leave the goods.

Products not Delivered:  For any products that are not delivered and are returned to us because (i) the stock is not collected by you, or (ii) you have provided incomplete delivery details, we will refund the price you paid for the products less the delivery fee. We also reserve the right to withhold a further fee of $11 per article as a Return to Sender surcharge to cover fees incurred in goods being returned to us.

RESTRICTED POSTCODES

We are unable to deliver to the following restricted postcodes:

We may need to update the above location list at which time we will amend these Terms and Conditions accordingly.

Delivery Quantity: We reserve the right to place minimum and maximum quantity limits on orders. We deliver both straight and mixed cases unless specified otherwise.

Breakages: In the unfortunate case of one or more broken products being delivered, please email us on  visitor.centre@beenleighrum.com.au or call +61 7 3807 3737 immediately so that we can rectify the situation promptly. We will issue a credit or send replacement product/s if you notify us within 30 days of the date of the payment. We reserve the right to require proof that the goods were damaged or faulty

Cancellations: You may for any reason cancel your order prior to products being dispatched from our warehouse and receive a full refund. Should you wish to cancel or return the order after the product has left our warehouse, you will be liable to pay for any and all delivery costs and it is your responsibility to arrange for the products to be picked up and returned to us. In this instance, a full refund for the goods, minus shipping costs already paid will be issued within 7 days after we have received the returned product in good condition and in its original packaging.

Refunds: Any price refunds will be effected within 30 days after we are notified of the reason, conditional upon any returned products being returned to us in original saleable condition. It is up to the customer to arrange and pay for freight of returned goods and the freight charge will not be refunded by us. 

Inspection of Goods: We ask that you inspect the products as soon as you receive them. If we do not hear from you within 14 days of receipt of products, we will assume that you accept that the goods are of merchantable quality and meet the quantity ordered.

Product warranties: We warrant that all products supplied are of merchantable quality when delivered. To the extent permitted at law, we expressly disclaim all other express, implied, statutory and other warranties and representations. In respect of any statutory warranty that we cannot exclude, subject to applicable law, our liability is limited, at our option, to the replacement or re-supply of the products or a refund of the cost of the products.

To contact us, email visitor.centre@beenleighrum.com.au or call +61 7 3807 3737.

Governing laws: The laws in Queensland govern the use of the website and the supply of products.

Warning: We recommend that alcohol only be consumed in moderation and not consumed when pregnant. Before consuming a product please check the back label for any allergen materials used in production such as sulphites, traces of nuts or milk. Take care when lifting heavyweight cartons.

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